T 0655/92 (Contrast agent for NMR imaging) of 11.02.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T065592.19970211
- Date of decision
- 11 February 1997
- Case number
- T 0655/92
- Petition for review of
- -
- Application number
- 85900253.7
- IPC class
- A61K 49/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- AGENT DE CONTRASTE ET DE DIAGNOSTIC
- Applicant name
- NYCOMED AS
- Opponent name
- Advanced Magnetics Inc.
- Board
- 3.3.02
- Headnote
1. The use of a substance or composition for the manufacture of a preparation to be used in a specific method may derive its novelty from the subsequent use of the preparation in this specific method only if said method is one of those excluded from patentability by virtue of Article 52(4) EPC (see G 5/83, OJ EPO 1985, 64).
2. Methods for determining chemical or physical conditions which do not include any stages or measures requiring a doctor to carry them out but rather a technician in order to provide a basis for the doctor's subsequent activity of diagnosis may not necessarily fall within the exclusion of Article 52(4) EPC (see eg T 385/86, OJ EPO 1988, 308).
3. However, the diagnostic character of a process, within the meaning of Article 52(4) EPC, may be recognised in that such a process for which protection is sought does include essential steps which are to be implemented by medical staff or under the responsibility of a doctor (see reasons point 5.2).
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Clarity - (yes)
Diagnostic method within the meaning of Article 52(4) - (yes)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent as amended with the following claims and a description to be adapted:
Claims 1 to 10 of the main request filed with the letter of 22 April 1996.